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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3471
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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Our divorce was finalized in Nov 2014 and child support was

Customer Question

Our divorce was finalized in Nov 2014 and child support was set for $930/month. In mid Dec 2014, my ex husband was not allowed to stay in the Navy, and got a new job. He put in a petition to modify child support, while my lawyer sent his new place of business an income withholding for child support. The income withholding stated to pay me (through the Illinois State Disbursement Program) $489 bi weekly. While I did get child support bi weekly, it was never that amount. It ranged anywhere from $220 to $480. On July 2nd, 2015, we went to court to settle on a child support amount. The judge declared 23%.
A week or two later, I recieved a letter from my lawyer stating I had to repay my ex husband the difference of the amount of child support that was taken out from January through July 2015. The amount is $2999.77. Why do I have to pay him back? We share joint custody, he has plenty of visitation dates, but only visits our daughter once a year. He is remarried with another child already. Why do I have to pay him back when the child support handbook of IL states his place of employment will take out an amount that is disposable income?
Submitted: 2 years ago.
Category: Family Law
Expert:  Michael J, Esq. replied 2 years ago.
Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today. I don't have enough information from your question to determine why you have to pay your ex back. Can you give me more information regarding the nature of your ex's request for modification? I'm guessing his new job paid him much less? Thanks, Michael
Customer: replied 2 years ago.
Yes, his new job pays $17.22/hour, with 35 hours of work per week. He also gets overtime and holiday pay. He requested a modification because he was discharged from the Navy on Dec 16, 2014. He was an E-6. It's hard to break down military pay to an hourly rate (I am a Navy veteran) because of all the extra pay (BAH, BAS, etc.). I received payments of child support through his new employer, they took the amounts out on his paydays, the9th and 24th of each month. On July 2nd, the judge declared I will receive 23% for child support but said nothing of the past payments. Why do I have to pay him back the difference? Almost $3000. He chooses not to visit our daughter and he still had money left on every paycheck from January through July.
Expert:  Michael J, Esq. replied 2 years ago.
Thank you for the reply. Obviously, your attorney would be able to give an exactly answer on this; my answer is going to be a guess. The only reason you would need to repay money would be because looking back, what he paid you was an "overpayment". My guess is that the new amount of support you are due is much less than the previous amount, and the payments from Jan to July were ordered at the previous rate. So, now that he has been ordered to pay less, he is getting credit for those months when he was ordered to pay more, but shouldn't have. Again, double check with your attorney on this, but it's the only reason I can make out that you would be ordered to pay it back. If you valued my time, please consider leaving a positive review. Experts don't get credit for our answers until you do. I'll be happy to follow up until you're completely satisfied. Michael
Customer: replied 2 years ago.
Thank you, ***** ***** contacted them, the only answer I got was "it's the law". He technically was kicked out of the Navy due to a DUI which busted him down in rank, leaving him no option to re-enlist. His actions made him lose his job, so his actions, or lack their of, should not affect our child is my thinking. Also, he is remarried and has another child already, so they have 2 incomes coming in, while I only have mine.
Expert:  Michael J, Esq. replied 2 years ago.
I'm sorry to hear that. Unfortunately, child support is (most of the time) based on the money he is actually receiving. Additionally, his spouse's income is not taken into account. I hope it works out for you. :) Michael
Customer: replied 2 years ago.
Sir, thank you for your answer. Can you tell me where I can find this in writing? Such as a directive or manual and what chapter? Thank you.
Expert:  Michael J, Esq. replied 2 years ago.
You're welcome.
As I mentioned, my answer is a "guess" based on what you have provided me. There is not enough information about what is going on for me to find this in writing/codified in statute. If you can find out exactly what they are saying is the reason for your repayment, I can find the statute, but otherwise, as mentioned, I'm giving my best guess based on the info you have provided.
Customer: replied 2 years ago.
What information would you need to find an answer? I dohave a letter from my lawyer. If you could provide me with the information you need, I can probably provide it.
thank you.
Expert:  Michael J, Esq. replied 2 years ago.
Honestly, the best person to give you that advice is the attorneys involved as they known precisely what is going on. I'm still in the dark about the specifics of the case. It's going to be next to impossible for me to give you what the court has relied on in making this decision if I'm not one of the people involved myself. If any statutes are mentioned in your letter, I can see if one of those is pertinent. Otherwise, I'm not going to be able to give you anything more than an educated guess.